The Social Security (Claims and Payments) Amendment Regulations 1988

Amendment of regulation 16

3.  In regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate)—

(1) after paragraph (1) there shall be inserted the following paragraphs—

“(1A) Where a claim for family credit is made in accordance with paragraph 7(a) of Schedule 4 for a period following the expiration of an existing award of family credit, entitlement shall begin on the day after the expiration of that award.

(1B) Where a claim for family credit is made on or after the date when an up-rating order is made under section 63(2) of the Social Security Act 1986, but before the date when that order comes into force, and—

(a) an award cannot be made on that claim as at the date it is made but could have been made if that order were then in force, and

(b) the period beginning with the date of claim and ending immediately before the date when the order came into force does not exceed 28 days,

entitlement shall begin from the date the up-rating order comes into force.”;

(2) for paragraph (3) there shall be substituted the following paragraph—

“(3) For the purposes of this regulation the first day of the benefit week—

(a) in the case of child benefit is Monday,

(b) in the case of family credit is Tuesday, and

(c) in any other case is the day of the week on which the benefit is payable in accordance with regulation 22 (long-term benefits).”;

(3) in paragraph (4) the references to “attendance allowance” and to “family credit” shall be omitted.